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2� 1 �� 13�9
<br /> 13EED �F TRUST
<br /> ���ntinued} Pa�e 5
<br /> and election to cause Trustor's interest i�the Praperty to be sold, whi�h nvtiG�Truste�shall cause ta he
<br /> du�y filed for recv�d in the apprapriate of�ices vf the Caun�y in whi�h the Property is I�cated; and
<br /> �dy With r�spect to all or�ny part v�F the Personal Praper�y, Lender shall h�►►e a��the rights and remedies
<br /> of�secured party ur�der the Nebraska lJnifarm�ammercial C�de.
<br /> Forec�asure by Powar�f 5aie�. 1�Lender elects tv fiareclvse by e�ercis�of the��wer of Sale her�in contain�d.
<br /> Lender shall nvtify Truste� and sh�ll depvsit with Trustee this Deed of Trust and the Credit Agre�ment and
<br /> such r�ceipts and e�iden�e of expenditures made and secured by this�eed of Trust as Trustee may require.
<br /> �a� llpon receipt af such noti�e frvm��nd�r, Trustee sh�ll cause t❑ he recarded, published and deli�ered
<br /> tv Trustor such Nati�e of Default and Nflt�ce vf 5ale as then requ�red by 18w and by this Deed afi Trust.
<br /> Trustee shall, without demand vn Trustor, after such time as may then be required by law and aft�r
<br /> reGordatian af su�h Notice of Default and after Notice af Sale ha�ing been gi�en as required by �aw, sell
<br /> t�e F'rop�rty at the time and plece a� sale fix�d by it in �uch Notice ❑f Sale, either as a whvle, vr in
<br /> separate lots❑r parcels or it�ms as Trustee shall deem expedient, �nd�n such order�s�t may determine,
<br /> at pu�lic auctivn tQ the highest �idder fvr cash�n lawful money of the United 5tat�s payable a#the time
<br /> of sa�e. Trus�ee shall deli�er t❑ su�h purGhaser vr p�urchasers th�reof its good and su#�Fi�ient deed ar
<br /> dee�s cvn�eying th� property so sold, but without any ���enant ar warfanty, express or implied. The
<br /> re�it�ls in such d�ed art any matters ar�a�ts shali be conclusi�� prvofi ❑f the truthfulness thereofi. Any
<br /> persan, including without limitativn Trustar. Trustee, or Lender� rnay purchase at such sale.
<br /> �b� As may be permitted by law, after deducting all costs� fiees and expenses of Trust�e and of this
<br /> Trust, including cvsts of e�idence of title in connection with sale,Trustee sha��appiy the proceeds o�sale
<br /> to payment of �i� all sums exp�nded under the t�rms ❑f this ❑sed of Trust nr und�r the terms ❑f th�
<br /> �redit Agreement n�t then repaid, including but nvt limited t� a�crued int�rest and I�te charg�s, {iif all
<br /> oth�r sums then �ecured hereby, and �iii� the remainder� i#any, to the person or persons legally entitled
<br /> thereto.
<br /> �cy Trust�e may in the manner pra�icied by law post�ane s�le of all or any pvrtivn vf the Property.
<br /> Remedias Not Exclusi�e. T�ustee and Lender, �nd each ❑f them, shall be ent+tl�d ta en�orce payment Snd
<br /> perfflrmance�f any in�lebtedness vr abligat+ons se�ured by this Deed o#Trust and t❑�xercise a�l rights and pawers
<br /> under �his Qeed vf Trust, undsr the �redFt Agreement. under any ❑� th� Related Docum�nts, or und�r any other
<br /> agreement or any iaws now ar hereaft�r in force; notwithstanding. some nr all of such indebtedness and
<br /> ok�l+g�tions secured hy this Deed t�f Trust may now ❑r her�after kae atherwise se�ured, wheth�r�y mortg�ge, deed
<br /> of trust, pledge, lien, assignm�nt or vth�rwise. Neithe�the a�ceptance �f this Deed af Trust nor its enfvrcement,
<br /> whether by cvurt action vr p�ursuant tv the power of sale or other powers cvntained in this De�d of Trust. shall
<br /> prejudi�e a�r in any m�nner a�feet Truste�'s �r Lender's right to realize upa�n ar enfor�e any ❑ther s�curity nvw vr
<br /> hereafter held by Trustee or Lender, it being agreed that Trustee and Lender, and each of them, shall be entitled to
<br /> enfarce ihis Deed a# Trust and eny other seeurity now �r hereafter held by Lender or Truste� in such �rd�r and
<br /> manner as they or either of them may in fheir absolute discretion determine, N� remsdy conferred upon or
<br /> reser��d t❑ Trustee or Lender, is intended t❑ h� eacclusive ❑f any vther remedy in this Deed of Trust vr by law
<br /> p�v�ided vr permitted, but each shall be �umulati�e and shall be in additian tQ e►►ery other remedy gi�en in this
<br /> Deed ❑f Trust or now vr hereafter existing at law or in equity or by statute. Every pawer ar r�medy gi�en by the
<br /> �redit Agre�ment vr any ❑f the Re�at�d C]vGuments tv Trustee vr Lend�r or ta� whi�h either of th�m may be
<br /> vtherwise entitled, may be exercis�d, concurrently vr independently, �rom time to time and as oft�n as may be
<br /> deemed eacped'+ent by Trustee or Lender, and either vf them may pursue in�onsistent rem�d�es. Nathing in this
<br /> D�ed ❑f Trust shai� be constru�d as prvhihiting Lender fram seeking a deficiency judgment against the "frustor �o
<br /> the extent such action is permitted by I�w.
<br /> Elec#ion of Remedies. AI! of Lender's rights and remedies will be cumul�#i�e and may ae �xercised al�ne �r
<br /> togeth�r. If L�nder decides to spend money vr to perform any of T�ustvr's ❑bligativns under th�s Deed of Trust,
<br /> after Trustor's failure ta do so, that de�ision by Lend�r w�ll not a�rtect Lend�r's right to declar� Trustor in default
<br /> and ta exercise Lender's remedies.
<br /> Request for Nvtice. TrustQr, an behalf of Trustar and Lender, her�by requests that a copy Qf any Nati�e of De#ault
<br /> and a copy of any Nvt�ce vf Sale under this Deed of Trust be mailed to them at the addresses set for�h in the first
<br /> peragraph vf this❑�ed❑f Trust,
<br /> Atta�rneys' F�es; Expenses. I# Lender institutes any suit ar activn �o �nfvrc� any vf the terms af this ❑eed o�
<br /> Trust, Lender�hail be�ntitled�c� reco►►er such sum�s the Gourt may adjudge reasanable as attorneys' #ees at triai
<br /> and upan any appeal. Whether or n�t any cvurt action is in�ol�ed, and ta the ex#ent not prahibited by law►� all
<br /> reasQnable eacpenses Lender in�urs that in Lender's ❑pinion are necess�ry at any #ime for the protectiQn of its
<br /> interest vr the enfor�ement of its rights shall become a par�vf the Indebtedness payable on d�mand and shail be��
<br /> interest at the �redit Agreement rat� fr�m the date of the expenditure until repaid. Exp�nses c���r�d hy this
<br /> paragraph include. without �imitatinn. howe�er subj�ct ta any limits under�pplicabl� law. Lender's attorneys' fees
<br /> and Lender's legal expenses, whether ar nat there is a lawsu+t, including attorn�ys' fees and expenses fvr
<br /> bankruptGy proceedings �including efforts to modify o� ��cate any �utomatic stay or injunctiony� appeals, an�l any
<br /> anticipated past-�udgment �all�ctton ser�ices� the cost af searching reca�ds, ohtain�ng title r�pvrts �in�luding
<br /> foreclosure reportsf, s�r�eyvrs' reports, and app�raisal �ees, titlg insurance, and fees for the Trustee, tv the exten�
<br /> permitted by applica�l� law. Trustor alsv will pay any court casis, in�dditian ta all other sums pro�ided by law.
<br /> Rights of Trustee. Trustee shall ha�e a�l of#he r�ghts and duties o#Lend�r as set farth in this secti�n.
<br /> P�WERS AND OBLIGATfO�NS �F TRUSTEE. The follawing prv�isians rel�ting ta�the pow�rs and obiigat�ons of Trust�e
<br /> ere part af this D�ed�f Trust:
<br /> Pvwers vf Trustee. In additior�to all powers of Trus#ee arising as a matter o�law. Trustee shall ha�e the pawer to
<br /> take the fallowing activns w�th respect to the Prop�rty upa�n the wr�tten request vf Lender and TrustQr: taf jv+n in
<br /> preparing and filing � map ar plat of th� Real Property, including the ded+Garian of �treets or o#her rfghts tv the
<br /> public; �by jvin in granting any easem�nt or �reating any restrictia�n on the Real Property; and �cy join in any
<br /> subordinatian vr❑ther agreement affeciing�his D�ed of Trus#❑r the interest vf Lender under this C]eed vf Trust.
<br /> Trustee. Trustee sh��l meet all quali#icatians required for Trustee under app�icable law. In additian to the rights
<br /> and r�me�ties s�t forth aba�e, with respect t❑ ai� vr any part of the Property, the Trustee shall ha�e the rigMt to
<br /> foreGlose by notice and sale, and Lender will h��e the right tv fore�lase #�y judicial fareclvsure� in e�#her case in
<br /> accvrdance with and to the full extent pra�+ded hy applicabl� law.
<br /> Suc�essor Trustee. Lender, at Lend�r's op#ion, may�ram time to time appoint a successvr Trustee to any Trustee
<br /> ap�ointed undec this E]eed af Trust by an instrument exgcuted �nd acknawledged bY I��nder and recorded in the
<br /> of�ice of th� reGvrder af Hall �aunty, �tate ❑f Nebraska. The instrument sha�l contain, in a�ddition to al� vther
<br /> ma�#ters r�quired by state law, th� names of th� a�riginal Lend�r, Trustee, and Trust�r� #he bvak and page �ar
<br /> computer system referencef where this C]eed af Trust is recard�d, and th� name �nd �ddress c�f the successor
<br /> trust�e, and the instrument sha�l be executsd and a�knowledged by all the beneficiaries under this Deed af Trust or
<br /> their successvrs in inter�st. Th� succ�ssar truste�, withaut �vn�eyance of th� Prop�rty. shall su�c�ed ta all the
<br /> #itle, paw�r. and duties canf�rred upon the Truste� in this C]eed�f Trust and by appliGable law, This pracedure�or
<br /> substitutivn of T�ustee sha�l go�ern�v the ex�lusivn o#all other prvvisians for substitution.
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